DECISION AWARDING DAMAGES1

DENISE K. VOWELL, Chief Special Master.

On October 14, 2014, Jennifer Peabody Barr filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., [the "Vaccine Act" or "Program"]. Petitioner alleges that she suffered a shoulder injury which was caused by the trivalent influenza vaccination she received on December 19, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 4, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. On May 13, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded "a lump sum of $65,000.00 for her actual and projected pain and suffering." Proffer at 2. According to respondent's Proffer, petitioner agrees to this proposed amount. Id.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $65,000.00 in the form of a check payable to petitioner, Jennifer Peabody Barr. This amount represents compensation for all damages that would be available under § 300aa-15(a).

The clerk of the court is directed to enter judgment in accordance with this decision.2

RESPONDENT'S PROFFER ON DAMAGES

Respondent submits the following recommendations regarding items of compensation to be awarded to petitioner under the Vaccine Act.

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, Jennifer Peabody Barr ("petitioner") is not entitled to an award for future medical care expenses as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

B. Lost Earnings

Respondent proffers that based upon the evidence of record, petitioner has not and is not likely to suffer a loss of earnings as a result of her vaccine-related injury as provided under 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that the Court should award petitioner a lump sum of $65,000.00 for her actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See § 300aa-15(a)(4). Petitioner agrees.

D. Past Unreimbursable Expenses

Respondent proffers that based upon the evidence of record, petitioner did not incur any past unreimbursable expenses related to her vaccine-related injury. Petitioner agrees.

E. Attorneys' Fees and Costs

This proffer does not address final attorneys' fees and costs. Petitioner is entitled to reasonable attorneys' fees and costs, to be determined at a later date upon petitioner filing substantiating documentation.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below and request that the Chief Special Master's decision and the Court's judgment award the following: a lump sum payment of $65,000.00 (representing compensation for actual and projected pain and suffering), in the form of a check payable to petitioner.1

III. Summary of Recommended Payment Following Judgment

Lump Sum paid to petitioner: $65,000.00